CEO Message: Next steps with CNA
Community Medical Centers is entering a court-approved settlement with the California Nurses Association regarding the union’s latest “unfair labor practice” claim against Community. The settlement could be finalized within days.
Here’s the background and likely next steps:
In a court ruling some years ago, Community was ordered to recognize and bargain with the CNA union with respect to RNs at one of our hospitals, University Medical Center. It was originally a bargaining unit of about 280 nurses. After April’s transition of acute-care services to Community Regional Medical Center, the UMC bargaining unit is now reduced to less than 20 nurses. But the union still has bargaining rights for any RNs who work at that site, where clinics and skilled nursing are located.
Since 2003 we have been bargaining with CNA concerning the nurses at UMC – a process that recently has been under the guidance of a federal mediator. Tentative agreement has been reached on more than 20 points, including such items as paid time off, leaves of absence, overtime, grievance procedures and continuing education leave. But we have not reached agreement over the union’s demands on a handful of other items, including salaries and mandatory union-shop fees for all RNs.
It has not always been a smooth ride. In 2005 some of the UMC nurses filed a petition with the National Labor Relations Board to decertify the union as their representative. And the union has filed dozens of unfair labor practice allegations against Community, which procedurally keep the decertification petition from moving forward to a vote of employees.
All of the labor union’s allegations against Community have been dismissed, except for the claim that in 2004 and 2005 we increased nurse salaries and enhanced benefits without sufficient notice to the union. These improvements were made effective for nurses at all of our facilities, including UMC, and we believe we acted properly.
But we are entering this settlement because we believe it’s in Community’s best interest. It will avoid protracted proceedings and litigation expenses.
In the settlement, we are agreeing to repay bargaining-unit nurses for any increased health insurance premiums they paid for enhanced coverage in 2005 and 2006, and we’re agreeing to follow an aggressive bargaining schedule with the union for at least six months or until agreement or impasse is reached. We will, promptly after the settlement becomes official, propose an active negotiating schedule with CNA regarding the remaining UMC nurses.
Tim Joslin
CEO, Community Medical Centers